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Item #01 Approval of Minutes OCOEE CITY COMMISSION TENTATIVE BUDGET PUBLIC HEARING Ocoee Commission Chambers September 7, 2011 Minutes 6:00 P.M. I. CALL TO ORDER - Mayor Vandergrift A. Roll Call and Determination of Quorum Mayor Vandergrift called the Tentative Budget Public Hearing to order at 6:00 p.m. in the Commission Chambers of City Hall. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson and Commissioner Keller. Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry B. Announcement by Mayor Mayor Vandergrift announced this is a public hearing on the tentative budget and proposed millage rate for the City of Ocoee. Notice of this hearing was contained in the Notice of Proposed Property Taxes mailed by the Property Appraiser. The City Commission, by majority vote, has previously set a proposed millage rate at 6.9239 mills. Due to a decline in property values, the rolled back rate of 5.9455 is higher than the current year millage rate of 5.5574. This proposed millage rate for FY 2011/12 represents a 16.46 % increase over the rolled back rate. II. PUBLIC HEARING A. Briefing by City Attorney to discuss the maximum millage rate which may be levied and the rates required to exceed such millage. City Attorney Rosenthal stated that the preliminary millage rate set by the City Commission and contained in the TRIM Notices is 6.9239 mills. The maximum millage rate which may be levied by the City by regular majority vote for the 2011 -2012 fiscal year is 6.9239 mills, such maximum millage rate having been determined pursuant to Section 200.185(3)(a), Florida Statutes. The establishment of a millage rate between 6.9340 mills and 7.6163 mills requires a two- thirds vote (super majority) of the membership of the City Commission (or 4 votes). The establishment of a millage rate between 7.6164 mills and 10.000 mills requires a unanimous vote of the City Commission. Additionally, any millage rate adopted above the preliminary millage rate of 6.9239 mils would require notice by first class mail to each taxpayer. The tentative millage rate adopted at this hearing will become the maximum millage rate which may be adopted by the City Commission at the public hearing on the final millage rate. A unanimous vote or a two - thirds vote may be required to adopt the tentative millage rate as the final millage rate. At the final public hearing, the City Commission may adopt a millage rate which is less than the tentative millage rate adopted this evening. Ocoee City Commission Tentative Public Hearing September 7, 2011 B. Briefing by the Finance Director: Review of additions /deletions to the budget since August 1, 2011, distribution, the percentage increase in millage over the rolled -back rate necessary to fund the budget and the specific purpose for which ad valorem tax revenues are being increased. Finance Manager Brosonski stated that Ad Valorem taxes are being assessed to provide funding for operational expenses, capital items and salaries necessary to provide municipal services to the citizens of Ocoee. She advised that a copy of the Wishlist has been placed on the dais for the Commission. She then recapped the actions that have been taken so far: The millage rate for the current year 10/11 is 5.5574. The city manager originally presented you with a budget for fiscal year 11/12 balanced at a millage rate of 5.79. The rolled back rate for next year is calculated to be 5.9455. The rolled back rate generates the same amount of revenues in the new year as in the current year. However, because of the declining property valuations the rolled back rate is actually higher than the current year millage rate. Adjustments that were identified by staff and the commission during the two budget workshops included funding for the design of an expansion at the community center, additional funds for the Humans Relations Diversity Board events, and funding for commuter rail commitments. This further increased the millage to 5.8603. This is where we are going to start tonight. There are some additional adjustments on the wishlist were discussed but no consensus was reached during the workshops; these items are itemized on the updated wishlist as well as their impact on the millage rate for you to consider later tonight. The budget you are considering tonight is balanced with a 5.8603 millage rate. This millage rate is less than the rolled back rate of 5.9455. There is no percentage increase over the rolled back rate necessary to fund the proposed budget. The highest millage rate the commission can levy tonight with a majority vote is 6.9239. Any rate higher than this will require re- noticing the taxpayers and the appropriate required vote. Mayor Vandergrift said he was just informed that they will have call -ins accepted tonight and the number citizens can call is 407 - 905 -3105 as well as live e -mails which can be sent to citizens @ci.ocoee.fl.us. City Attorney Rosenthal advised the commission that what they have before them tonight is the recommended budget of the city manager as adjusted and based on input from the workshop which is balanced at 5.8603. A motion is essentially needed to adopt that as the tentative budget. If there are any amendments then the process would be to amend the tentative budget so anything they add will be done as an amendment. He further explained how the commission should present their motions should they want to add /delete any item from the tentative budget presented by the city manager. 1. Comments by Citizens- None 2. Comments by Commissioners In the Capital Program on page 5 section 9, Commissioner Hood inquired if the Prairie Lake Park improvements are part of the nature trail and further inquired if the money for that was coming out of general funds. City Manager Frank said the money designated for that would come from impact fees dollars. Parks and Recreation Director Hayes further explained that Page 2 of 11 Ocoee City Commission Tentative Public Hearing September 7, 2011 money to fund that project is coming out of recreation impact funds and that money from impact funds can only be used for new parks /facilities and cannot be used to renovate existing parks /facilities. Commissioner Hood asked on that same page, did they not agree that the $300,000 would be used to improve the softball complex at Vignetti? Parks and Recreation Director Hayes said he is not sure if it was decided but it was discussed. Commissioner Wilsen said the budget shows the $300,000 is for upgrading the Beech Center. Commissioner Johnson said they did discuss moving that money over to improve Vignetti. City Manager Frank explained that the reason they are not seeing the new softball complex on the wishlist is because it is included in the budget as Beech Center Improvements being funded by impact fees. If using the funds for Vignetti is what they would like to do then they can direct staff to change the verbiage for the $300,000 from Beech Center to new softball complex at Vignetti. Commissioner Hood and Commissioner Johnson agreed. No consensus was stated, as discussion moved on to a different topic. Commissioner Hood said he is trying to think how they can move some money around to put it where they need it such as road improvements. Commissioner Johnson suggested that they take one year off from the fire station fund (or every other year) and put it into the road improvement funds. Commissioner Hood said he had considered that and would go along with it, even if it is means the fire station has to be delayed. City Manager Frank reminded them that the $250,000 is on the wishlist, it is not included in the budget at this time. Commissioner Hood stated that the road improvements really need to be done because street that he has on the wishlist has lime rock showing and he encourages every one of them to drive out and look at the roads. Commissioner Johnson inquired about Ohio Street being paved because he thought that street was on the list to do. Public Works Director Krug said he does not have a figure for Ohio Street but could bring information back to the next meeting. Commissioner Johnson said he thought it was in this year's budget. Public Works Director Krug said the only streets they have in this budget is Forest Oaks, Sawmill, and a section of Columbus Street. He further said he will take a look into Ohio Street. Mayor Vandergrift inquired as to how they determine which streets need improvements. He further said he would like for staff to also look at Johio Shores because there are many potholes along that road. Public Works Director Krug said that part of Johio Shores is in the city. They are in the process of looking at all roads in the city so they can provide the commission a ranking of the roads. He further explained how they determine which roads get improved first. He said Prairie Lake Boulevard had to be done because the base was failing. Mayor Vandergrift inquired as to how old the roads are that Commissioner Hood was referring to. Public Works Director Krug said they are probably the original asphalt. Mayor Vandergrift inquired if they should consider extending or improving what they expect as standard for a developer to put in as asphalt and sub - surface. Public Works Director Krug answered that what the city has for the standards are good and a typical heavily travelled roadway has as an average lifespan of 12 years. Commissioner Keller said he has mentioned before that they need to somehow take resurfacing money and possibly split it up between main roads and some of the smaller roads. Many of the smaller roads go 20 years without being touched. Commissioner Johnson inquired about Peach Lake Manor and what the cost would be for the streets that were not included in this current year budget for that area. Commissioner Hood said that the streets that are not covered are on the wishlist now. He further said he calculated the cost to be approximately $175,000 for the those road improvements which is why he is also willing to Page 3 of 11 Ocoee City Commission Tentative Public Hearing September 7, 2011 forfeit, this year, putting money in for the fire department in his district. Public Works Director Krug said they could do patchwork in that area. Mayor Vandergrift briefly commented about discussions that have been brought up with staff regarding 100 year brick roads and how easily they are to repair. It would be a sales point to have narrow bricks roads with built in traffic calming. They are expensive to install, but we could give them a discount on the road impact fees. Something to consider for the future make streets last 100 years. Commissioner Hood said for the four items he needs, it is close to $180,000. Commissioner Johnson commented that the city has a reserve and they should take 1 /4 million out of it to put into the road surfacing fund to re -pave the roads that need to be fixed. That would allow for them to not raise the taxes and the budget could still be done. He further said the city manager has kept the city in good and they have way more reserves than most cities do. C. Motions to Amend the Tentative Budget Commissioner Wilsen stated that if it was okay with the commission she would like to entertain a motion for the items on the wishlist that they know they will need such as the golf cart signs, the Withers- Maguire house modifications, and the salary increase of 1% for the union and non- union employees. City Attorney Rosenthal briefly explained the procedures on amending the tentative budget. Commissioner Wilsen moved to amend the tentative budget of the City of Ocoee distributed along with the budget message dated August 1, 2011, along with the changes resulting from the Budget workshops as outlined by staff; adding the • olf cart si • ns for 5 000 and Withers Ma • uire House modification for event rentals $10,000, the salary increases of 1% for non -union employees ($103,155) and union employees ($72,933). Motion died for lack of second. Mayor Vandergrift inquired if they already have a 1% salary increase in the budget. City Manager Frank said the budget has 2% mid -year and currently they are doing two collective bargaining agreements so he is not sure what they put in for full -year. Finance Manager Brosonski said the budget currently includes 2% at mid -year for non -union employees and 1% October 1 for union employees, pending the negotiations of their contract. After the discussion clarifying what was included in the budget, Commissioner Wilsen restated the motion without the additional salary increases. Commissioner Wilsen, seconded by Commissioner Keller, moved to amend the tentative budget of the City of Ocoee distributed along with the budget message dated August 1, 2011, along with the changes resulting from the Budget workshops as outlined by staff; adding the golf cart signs for $5,000 and Withers Maguire House modification for event rentals $10,000. Mayor Vandergrift inquired if this motion also included the discussion of pulling money out of reserves. Commissioner Wilsen said "no" and commented that she thought that the money from reserves was just a discussion item. City Attorney Rosenthal said they can address the money from reserves later by increasing the cash forward balance and then from there they can appropriate from the cash flow balance without increasing the millage. After the discussion motion carried 5 - 0. Page 4 of 11 Ocoee City Commission Tentative Public Hearing September 7, 2011 Finance Manager Brosonski announced that amendment would put the millage rate at 5.8695. Commissioner Hood inquired how badly the police motorcycles are needed. Chief Brown stated the repairs are getting to be more expensive that purchasing new vehicles. They postponed this purchase last year and got one more year out of them but repairs are becoming costly and frequent. Commissioner Johnson asked about buying them out of forfeiture funds? Chief Brown said that is not one of the items allowed by state law. Commissioner Hood asked if the cars can be purchased with forfeiture funds. Chief Brown said he will research the law on Federal Funds and bring back an answer. City Manager Frank stated those vehicles are all older models and all have 120,000+ miles on them and should not really be used for police patrol vehicles anymore. He added have about six that should be replaced, but compromised and budgeted for three. There was discussion regarding the motorcycles being the same two that were purchased in 2005 or 2006 and need replacing. Commissioner Hood clarified that the older vehicles and motorcycles will be sold or auctioned. Chief Brown stated the motorcycles repairs are sent outside the city, which adds to the repair costs. Public Works Director Krug agreed that fleet maintenance would like to see them replaced because of the cost to maintain them. Commissioner Wilsen asked if it is wise to take money from reserves. Commissioner Johnson said that is the reason we have reserves, to use it when we have to. It is either that or raise the taxes. Commissioner Hood stated he would like to make a motion for some of the street resurfacing items on the wish list. Mayor Vandergrift asked if he could hold that motion until the City Manager had a change to answer Commissioner Wilsen's question to him regarding the reserves. City Manager Frank stated that our revenues have gone down every year since 2006; we have been lucky enough to add some to reserves each year even in tough budget years. If there were ever a time to use them, it may be this year or next year, as long as we are not considering two or three million dollars. We have approximately twelve million in reserves right now, and won't know the full effects on the reserves until the CAFR comes out. He said Finance Director Horton feels we probably spent more this year (95 -96% of the budget as opposed to 92 -93% as normally spent), so we would be putting less into the reserves or may even have to take some out. We shouldn't have too much of an issue to take only a few hundred thousand out. We are hoping is the last year with declining property values so our revenues will level out. Mayor Vandergrift clarified that Commissioner Johnson had requested $250,000 from reserves to be spent on road proj ects. Commissioner Hood said he would like to continue his motion and wants to include the use of the money from reserves. City Attorney Rosenthal asked for clarification on the verbiage of the motion with regard to using the reserves to fund these projects. City Manager Frank stated that they would be increasing the beginning cash balance by the equal amount of the projects. Page 5 of 11 Ocoee City Commission Tentative Public Hearing September 7, 2011 Commissioner Hood, seconded by Commissioner Johnson, moved to amend the tentative budget of the City of Ocoee distributed along with the budget message dated August 1, 2011, along with the changes resulting from the Budget workshops as outlined by staff; and include the street projects totaling $289,550 (listed below) into the budget, and increasing the cash balance forward by $350,000: Street Resurfacing - Carriage Oaks Ct - paving road different levels 28.180 Street Resurfacing - Michele Woods /Nancv Woods Subdivision (Arizona Ct, Idaho Ct) 36,235 Street Resurfacing - Peach Lake Manor /Twin Lakes Manor Subdivision (Jamela Dr, Kimball Dr west of Russell Dr) 39,715 Street Resurfacing - Meadows Subdivision (Little Aspen Ct, New Meadows Ct, Fort Collins Ct, Meadows Sweet Ct) 67,525 Street Resurfacing - Pine St 16.590 Street Resurfacing - Marshall Farms Rd 21,305 Traffic Calming (miscellaneous) 40,000 Traffic Calming (Leslie Ann, Mona, Doreen, Little Spring Hill Rd) 40,000 TOTAL $289,550 Commissioner Wilsen asked what the millage would be if those projects totaling $289,550 were added to the budget without taking money from reserves. Finance Manager Brosonski advised 6.0464 mils. Commissioner Johnson said he is not voting for anything over the rolled back rate of 5.9456. He also stated that he does not like to do the budget annually without knowing the result of the labor union negotiations because now we have to live with whatever gets decided. City Manager Frank said the union contract expiration runs parallel to the fiscal year and we try to start early but negotiations often go on much longer than anticipated. He stated there are some things we may need to add or take away such as police vehicles being driven farther that a specific number of miles. Finance Manager Brosonski stated that the millage with the vote that just passed using $350,000 cash balance forward from reserves would be 5.8325. Commissioner Hood said that still gives them a little money to work with and gives the residents a break this year when they need it. The Mayor asked what the dollar amount is $184,863 over the rolled back rate. Motion carried 4 - 1 with Commissioner Wilsen opposing. Mayor Vandergrift said, regarding salaries, that there are a couple of employees making over $100,000 and last year we decided to give bonuses instead of salary increased. He does not feel employees making over $100,000 should get any raise or bonus. The average salary for the City of Ocoee residents is $60,000 and he feels in light of that employees making over $100,000 should be considered for a year -end bonus in lieu of a salary increase or reducing salaries by 10- 15%. Commissioner Johnson pointed out that he is comparing the top paid city employees to the "average" salary of the residents. He stated that if we averaged out the employees' salaries it would probably be under $60,000. He feels the groups that are overpaid the most are police and fire, they are making more than any cities. He added that the general employees are not overpaid, he you have to look at everyone. Mayor Vandergrift asked that the average salary of employees Page 6 of 11 Ocoee City Commission Tentative Public Hearing September 7, 2011 be brought back to the next meeting. Commissioner Wilsen said it seems that he wants to penalize employees who are making a certain figure that has been previously set by this commission, now we want to tell them they make too much? That is totally inappropriate for commission to do that or to deny them a bonus or increase. Those making high salaries should be evaluated to make sure they are doing the job, but it is not appropriate for the Commission to do that. They have Masters Degrees and Certifications and she would expect to be paid for that if it were her. Commissioner Keller stated they have done very well these last few years when most cities have had problems and part of that is because we have good people. We hired them knowing what we were going to pay them and that there would be increases. Because the good people have stayed, our City has done better than most cities around us. He added that he has no problem with salaries we are paying and agreed that the average of all city employees would be about the same as residents. He said he does not think they should penalize employees who are doing a very good job. Commissioner Hood said they have 9 -10 people that make over $100,000 and 44 employees that make over $70,000. Mayor Vandergrift said he is just asking the commission to ask it is fair to the citizens to be able to pay the higher salaries; he is not penalizing anyone or picking on anyone. He added that we may have gone astray at rewarding them too much. Commissioner Hood said if you look at other cities, we do pay more than many of them pay. We pay at the high end, but that is why we attract the good people. We make it attractive to retain good employees instead of training them for three years and having them move on to other places. We considered that years ago when we did a salary survey. Maybe we should not hire it at the high end of the pay range as often as we do. Commissioner Johnson said if they look at 4 or 5 out of the 9 of those employees making over $100,000, they have been here for over 15 or 20 years and that is why they are making that much. The City Manager's salary is in line with other cities this size. Commission Hood said the reason we increased salaries for general employees, as well as police and fire, is because we were tired of investing time and money into new employees and not being able to retain them. Commissioner Keller said there is an expectation of increases over the years, even if salaries are frozen during difficult times. Commissioner Johnson said it used to be that if you topped out you did not get increases. City Manager Frank stated that it depends if it is a merit or COLA increase. A COLA increase drives up the whole salary range, but a merit raise would not be given if employees were at the top of their range. Commissioner Hood stated that the appearance is that the people doing the work should be making more because those who work inside on the administrative end using their head are the ones who make the most money. Mayor Vandergrift reminded Finance Manager Brosonski that he would like the average salary information for employees brought to the next budget meeting. Mayor Vandergrift asked if there were any further amendments to the tentative budget. Commissioner Hood said the City Hall compound it looking very good and congratulated staff. Mayor Vandergrift added that we were supposed to get trees to shade the gazebo area and we need to do something to taper off the incline in that area so it is not so steep. Commissioner Hood asked if they can get a copy of the scope of work so they know what to expect. Commissioner Hood inquired if they were getting any help with the developer's with the Maine Street project. CIP Manager Butler said the amendment to the Developer Agreement stated they would be getting impact fee credits to relocate the existing Maine Street. The city would then be responsible for building the new extension from Maguire to Bluford. That is the Page 7 of 11 Ocoee City Commission Tentative Public Hearing September 7, 2011 $320,000. Commissioner Hood asked if it would behoove us not to do that and wait for another developer to do that portion also. Mr. Butler said that is one strategy; another strategy is that we are negotiating with FDOT with regard to SR50 and we are trying to show that we are serious about paying for the placement of parallel routes through the CRA so they will make certain changes favorable to the city and the design for widening SR50. We would be looking at primarily a design build process. He stated there is also an item where utilities budgeted for water and sewer lines through the relocated Maine Street and they will be stubbed out so we can serve the west side of Bluford as part of that. It is a minimal connection that will have a very big impact. City Attorney Rosenthal said if they do not do that provision it reverts back to the existing language on the Bluford to Maguire extension, which would be done by Colburn (landowner) and they would get road impact fee credits. That particular owner has no intention of doing that, so it would be waiting for a sale. The hope is that if we punch the road through it makes both lots very marketable and gives the owner an incentive to sell and increase the ad valorem tax base. He added that they do get road impact fee credits for the value of the underlying dirt. Commissioner Hood asked for clarification on the sign for the police department. CIP Manager Butler explained that it would be similar to the signs placed at City Hall to be placed at Bluford and Old Winter Garden Road. Commissioner Hood, seconded by Commissioner Johnson moved to amend the tentative budget of the City of Ocoee distributed along with the budget message dated August 1, 2011, along with the changes resulting from the Budget workshops as outlined by staff by adding $20,000 for the Police Department sign. Motion carried 4 -1 with Commissioner Wilsen opposing. Mayor Vandergrift inquired about the $45,000 to extend the railroad track through Ocoee and asked that we create a caveat whereas we do not give them the money unless all the other cities are in agreement. He added that he does not believe Apopka has agreed to contribute this money yet. Assistant City Manager Shadrix said he is asking for the Commission to stick with this, it is possible we will not need the funds until the next budget year, but we need to support it. City Attorney Rosenthal said he believed it was a conceptual at that time and any authorization to write out a check would have to come back to the commission. City Manager Frank said they could encumber the $45,000 into contingency for that purpose and if it did not come to fruition the funds would be available for other things. He added that either way, it will be brought back to the commission before the funds are expended. Mayor Vandergrift inquired if staff could come back with a definitive answer. City Manager Frank answered in the affirmative. Commissioner Keller said that right now with the additional money they have taken out of reserves they are under the roll -back rate and he is wondering if anyone would have an issue with them taking the approximately $164,000 and put into contingency so they can still discuss other projects at the final budget hearing. He said they cannot go higher than where they leave it tonight. Finance Manager Brosonski confirmed that $164,864 is the amount that would be left to spend to meet the roll back rate. Page 8 of 11 Ocoee City Commission Tentative Public Hearing September 7, 2011 Commissioner Keller, seconded by Commissioner Hood, moved to amend the tentative budget of the City of Ocoee distributed along with the budget message dated August 1, 2011, along with the changes resulting from the Budget workshops as outlined by staff; by adding $164,864 into contingency. Motion carried 4 -1 with Commissioner Wilsen opposing. Commissioner Johnson commented that he does not understand why Commissioner Wilsen is opposed to spending the reserves to repair the roads that are in bad need of repairing. He stated that she should not be opposed just because it looks good to say no. Commissioner Wilsen stated that she votes for what she believes is right and not for appearances because when she stands alone her "no" votes are frequently the unpopular vote and she does not mind that. Mayor Vandergrift inquired about Johio Shores Drive from Public Works Director Krug. He confirmed that part of that is county but a large section is the City of Ocoee. The Mayor asked Mr. Krug if he would get with the county and see if they will pay for their portion of the road to be repaved. Mr. Krug said he would, but he is pretty sure what the answer will be. Finance Manager Brosonski announced the recomputed proposed millage rate is 5.9455 and the percent by which the recomputed proposed millage rate exceeds the rolled -back rate is 0 %. D. Tentative Millage Rate Ordinance No. 2011 -012 1. Read title to Ordinance regarding millage rate. City Attorney Rosenthal read the title of the Ordinance No. 2011 -012. 2. Motion to adopt the tentative millage rate. Commissioner Keller, seconded by Commissioner Hood, moved that the City Commission adopt the Tentative Millaqe rate of 5.9455 mils for the Fiscal Year beginning October 1, 2011 and ending September 30, 2012. 3. Comments a. Comments by Citizens. None b. Comments by Commissioners. Commissioner Wilsen noted that if we took the $184,000 out of contingency and placed it back into the reserves she would be more inclined to go along with that. Commissioner Keller asked if we could consider that at the Final Budget Public Hearing. 4. Vote on motion to adopt the tentative millage rate. Motion carried 4 - 1 with Commissioner Wilsen opposed. Page 9 of 11 Ocoee City Commission Tentative Public Hearing September 7, 2011 E. Tentative Budget Ordinance No. 2011 -013 City Attorney Rosenthal read the title of the Ordinance 2011 -013. 4., ! poi ' °_ �, ' ° k.e ':,� P _.. ` ,,,..t.. Mayor Keller, seconded by Commissioner Hood, moved that the City Commission adopt the Tentative Budget of the City of Ocoee distributed along with the budget message of the City Manager dated August 1, 2011, along with the changes resulting from the Budget workshops and amendments adopted by the City Commission at this Public Hearing such Tentative Budget being for the Fiscal Year beginning October 1, 2011 and ending September 30, 2012. Motion carried 5 -0. A-0 t v* r _ T,1 s � \. a. Comments by Citizens. None b. Comments by Commissioners. None Motion carried unanimously. III. SCHEDULE AND ANNOUCE FINAL BUDGET PUBLIC HEARING 1. Motion to schedule the publ hear on September 21, 2011, at 6:00 p.m. in the Commission Chambers to adopt the final millage rate and budget. Mayor Vandergrift, seconded by Commissioner Johnson, a public hearing to consider the final millage rate and final budget be scheduled for September 21, 2011, at 6:00 p.m. at a Special Meeting of the City of Ocoee Commission to be held at the Ocoee City Hall Commission Chambers, that the hearing be advertised in accordance with the provisions of Section 200.065, Florida Statutes, and Section C -37 of Article VI of the Ocoee City Charter, that the appropriate Ordinances necessary to adopt the final millage rate and final budget be prepared by the City staff, and that all other action necessary to comply with the requirements of Section 200.065, Florida Statutes, be undertaken. Motion carried 5 -0. Page 10 of 11 Ocoee City Commission Tentative Public Hearing September 7, 2011 2. Announcement by Mayor Vandergrift of end of hearing and date for final millage and final budget hearing. Mayor Vandergrift announced the date of the Final Budget Public Hearing will be September 21, 2011 at 6:00 p.m. IV. ADJOURNMENT The Tentative Budget Public Hearing adjourned at 7:25 p.m. APPROVED: Attest: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 11 of 11 CITY OF OCOEE FINAL BUDGET PUBLIC HEARING Ocoee Commission Chambers September 21, 2011 MINUTES 6:00 P.M. I. CALL TO ORDER - Mayor Vandergrift A. Roll Call and Determination of Quorum Mayor Vandergrift called the Final Budget Public Hearing to order at 6:00 p.m. in the Commission Chambers of City Hall. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson and Commissioner Keller. Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry B. Announcement by Mayor This is an advertised public hearing to finalize the budget and adopt a final millage rate for the City of Ocoee. The City Commission has previously approved a tentative millage rate of 5.9455 mills which is equal to the rolled -back rate of 5.9455 mills and thus represents a 0 % or NO increase in millage over the rolled -back rate. The adopted tentative millage rate is the maximum millage rate which may be adopted by the City Commission at the Final Budget Public Hearing tonight A. Roll Call and Determination of Quorum II. PUBLIC HEARING A. Briefing by Director of Finance on the percentage increase in millage under the roll- backed rate necessary to fund the budget and the specific purpose for which ad valorem tax revenues are being increased. Finance Director Horton said the Ad valorem taxes are being assessed to provide funding for the operational expenses, capital items, and salaries necessary to provide municipal services to the citizens of Ocoee. The millage rate for the current year 2010/11 is 5.5574. The city manager originally presented you with a proposed budget for fiscal year 2011/12 balanced at a millage rate of 5.79. The rolled back rate for next year is calculated to be 5.9455 which is higher than the current year millage rate. Adjustments identified by staff and a consensus of the commission during the two budget workshops and items voted upon favorably during the Tentative Hearing are included in the proposed budget. You've adopted a tentative millage rate of 5.9455. This millage rate is the same as the rolled back rate; therefore, there is no percentage increase over the rolled back rate necessary to fund the proposed budget. 5.9455 is the maximum millage rate that can be adopted tonight. Additional adjustments that were discussed but no action taken by the commission are itemized on the Wishlist before you. Ocoee City Commission Final Budget Public Hearing September 21, 2011 Mayor Vandergrift asked if there were any Public Comments at this time. No one wished to speak. Commissioner Johnson said that they had discussed the issue of moving the funding from the Beech Recreation Center to the project at Vignetti Field on several occasions, but they had not voted to make anything official at this time. `., k § °+ mss..,- ,.ms...P.4 Commissioner Hood, seconded by Commissioner Johnson, moved to amend the tentative budget to change the allocation of the $300,000 proposed funding for two new fields at Beech Recreation Center to a new project at Vignetti Softball Complex. Such change will move funds to a different project but will not affect the budgeted dollar amount for the recreation impact fee expenditures (Fund #110). Mayor Vandergrift stated that we have a large track of land by the West Orange Girls Club that we should start developing. He thinks it would be money better spent to put it out there rather than Vignette. Commissioner Johnson said we have looked at that in the past and it is approximately 1.3 million to do those improvements. Commissioner Hood recalled that they had to release a $200.000 grant three or four years ago because we were unable to match it. He also added that there is a huge parking issue at Vignetti right now that will be alleviated if they move the field and add parking. There was further discussion about the use of the fields at Vignetti. VOTE: After the discussion, the motion carried 5 -0. Commissioner Keller, seconded by Commissioner Wilsen, moved to amend the tentative budget by reducing the contingency fund by $164,865. Discussion ensued regarding removing this money from the budget and not changing the $350,000 amount taken from reserves. Commissioner Keller stated there would be a tax reduction of about $15 to the average homeowner in that case. He added that placing it back into the reserves and thereby using less reserves would keep the millage at the rolled back rate and we would not have to be as concerned next year starting at a lower millage rate and worrying about how much farther it could be rolled back. He said that is the pros and cons, but either way it needs to come out of the contingency fund. VOTE: After the discussion, the motion carried 5 - 0. Page 2 of 5 Ocoee City Commission Final Budget Public Hearing September 21, 2011 Commissioner Wilsen asked about using that $164,865 and only doing about half of the road projects this year (they totaled approximately $289.000) and not take any money out of the reserves. She said she wants to protect the reserves. Commissioner Hood stated that he has spoken with the City Manager and using $300,000 out of the $12,000,000+ in reserves is not going to affect our bond ratings, credit ratings, or anything else; he does not have a problem with using it when there are things that need to be done. Commissioner Johnson stated it is not playing with money; it is no different than people using their savings right now to cover their necessary expenses. Reserves are there for exactly what we are proposing to use them for. He added that we still have plenty of money in reserves for emergency situations. Commissioner Wilsen felt once that door was opened, we will continue to use reserves. Mayor Vandergrift asked if there were another other amendments to the tentative budget. Commissioner Wilsen stated that we had another situation last night at the regular commission money where we take money out of contingency to give to people who show up and ask for it. We need to change the grant programs, add money /change cycles, but stand firm when people come to the commission. Commissioner Johnson said if we are going to do that it has to be for everyone for every type of event. Commissioner Wilsen, seconded by Commissioner Keller moved amend the tentative budget to add $2000 to the Community Merit Board line item and to change the grant cycles to allow people more opportunity to request grant funding through the Merit Board. Commissioner Keller stated he does agree with giving the money to the merit board, but agrees with Commissioner Johnson that the rules have to be changed on how often it is done and how we select who the money is given to so that it is not given to outside agencies that hardly benefit Ocoee. Mayor Vandergrift said that is for a discussion at a Commission meeting. After the discussion, the motion carried 3 -2, with Commissioner Hood and Commissioner Johnson opposed. Commissioner Keller asked about the memo on the dais. City Manager Frank stated under the utility fund in the enterprise fund; we have an emergency situation coming up that will not affect the budget or millage rate because it will come out of R and R funds in utilities. We had scheduled Lift Station #3 for 2015 -16 rehabilitation, but staff would like move it to this fiscal year. Finance Director Horton stated it will come out of the Water and Wastewater R and R funds; it would increase the budget for the water and wastewater, it has absolutely no impact on the millage rate. Mayor Vandergrift, seconded by Commissioner Johnson, moved to amend the tentative budget to transfer the funding for the Reconstruction and Relocation of Lift Station #3 from the Five Year Capital & Projects Schedule into the FY 2011 -12 budget year. This is an enterprise fund (Water and Wastewater R &R) and will have no affect on the millage rate. Motion carried 5 -0. Finance Manager Brosonski stated the millage rate is currently at 5.8460 and the current the rolled -back rate is 5.9455 mills. Page 3 of 5 Ocoee City Commission Final Budget Public Hearing September 21, 2011 Commissioner Wilsen said if the Commission would consider reducing the amount taken out of reserves by $100,000 (only take on $250,000 instead of $350,000); they would still be at 5.9075 mills which is below the roll back rate. The Mayor asked her to make a motion. Commissioner Wilsen moved to amend the tentative budget by reducing the amount taken from reserves from $350,000 to $250,000. Motion died for lack of second. B . Announcement by Director of Finance of the recomputed proposed final millage rate. City Attorney Rosenthal announces the taxing authority, the percent by which the recomputed proposed millage rate exceeds the rolled -back rate. This percentage is the proposed final percentage increase in property taxes. Finance Director stated the recomputed proposed millage rate is 5.8460. 1. Motion to adopt Ordinance No 2011 -012, setting final millage rate. Commissioner Keller, seconded by Commissioner Johnson moved to adopt Ordinance No. 2011 -012 setting the final millage rate of 5.8460 as the millage rate for FY 2011 -12. City Attorney Rosenthal read the title of the final millage rate ordinance. City Attorney Rosenthal stated the name of the taxing authority is the City of Ocoee. The rolled back millage rate is 5.9455 mills. The percentage by which the proposed millage rate exceeds the rolled back rate is 0 percent. The millage rate proposed by the ordinance is 5.8460 mills. Mayor Vandergrift asked what percentage we are under the rolled back rate, to which the Finance Department stated -1.67 percent. a. Comments by Citizens- none b. Comments by Commissioners -none c. Vote on motion to adopt Ordinance No. 2011 -012, setting the final millage rate. Motion carried 4 - 1 with Commissioner Wilsen opposing. The Ordinance as adopted on final reading carries the following title: ORDINANCE NO. 2011-012 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ESTABLISHING A MILLAGE RATE FOR AD VALOREM TAXES FOR THE CITY OF OCOEE FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012; PROVIDING FOR MILLAGE ADJUSTMENT; PROVIDING FOR COLLECTION OF TAXES; PROVIDING FOR NO INCREASE IN MILLAGE RATE OVER THE ROLLED -BACK RATE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. Page 4 of 5 Ocoee City Commission Final Budget Public Hearing September 21, 2011 2. Motion to adopt Ordinance No. 2011 -013, adopting final budget. Commissioner Keller, seconded by Commissioner Johnson moved to adopt Ordinance No. 2011 -013 adopting a final budget for the fiscal Year beginning October 1, 2011 and ending September 30, 2012. City Attorney Rosenthal read the title of the final budget ordinance. a. Comments by Citizens- none b. Comments by Commissioners -none c. Vote on motion to adopt Ordinance No. 2011 -013, adopting the final budget. Motion carried 5 - 0. The Ordinance as adopted on final reading carries the following title: ORDINANCE NO. 2011 -013 AN ORDINANCE OF THE CITY OF OCOEE, ORANGE COUNTY, FLORIDA, ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2011, AND ENDING SEPTEMBER 30, 2012; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. C. Announcement by Mayor Vandergrift of end of budget public hearing. Mayor Vandergrift announced the end of the public hearing and thanked staff for all of the hard work they do keeping the budget down despite the economy and the loss of approximately 3 million in tax revenue. III. ADJOURNMENT The meeting adjourned at 6:31 p.m. APPROVED: Attest: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 5 of 5 MINUTES OCOEE CITY COMMISSION October 4, 2011, at 7:15 P.M. REGULAR CITY COMMISSION MEETING A. CALL TO ORDER Mayor Vandergrift called the regular session to order at 7:15 p.m. in the Commission Chambers of City Hall. Commissioner Keller gave the invocation, followed by the Pledge of Allegiance to the Flag, led by Commissioner Hood. City Clerk Eikenberry called roll and declared a quorum present. Roll Call: Commissioner Hood, Commissioner Wilsen, Mayor Vandergrift, Commissioner Johnson and Commissioner Keller. Also Present: City Attorney Rosenthal, City Manager Frank, City Clerk Eikenberry B. CALL TO ORDER Invocation — Brent Sauser, Ocoee Ward of the Church of Jesus Christ of Latter -day Saints Pledge of Allegiance — Commissioner Hood Roll Call and Determination of Quorum — City Clerk Eikenberry C. PRESENTATIONS AND PROCLAMATIONS Patriotic Banner in Tribute of All Fallen Law Enforcement Officers in the Line of Duty Chaplain David Duffany briefly thanked the City for giving him the opportunity to be before them tonight and explained the banner he is presenting is in remembrance of all the law enforcement officers who have given their life in the line of duty. He gave special thanks to the Ocoee Police Department for donating a badge to allow him to represent the city on his banner. The banner will be put up for auction in the National Law Enforcement Foundation and the money raised will go toward building their museum in Washington D.C. Presentation of Breast Cancer Awareness Month T- Shirts to the Commission Deputy Fire Chief Hoover said October is Breast Cancer Awareness Month and Fire Chief McNeil has allowed their staffs to wear pink shirts during the month of October to help with the awareness and affects that prevent breast cancer. The Fire Department has one of their own that is a survivor of breast cancer, Lt. Amy Fulner. Pink shirts were provided to everyone on the Commission. Proclamations - Put the Brakes on Fatalities Dav — October 10, 2011 Mayor Vandergrift read and presented the Put the Brakes on Fatalities Day proclamation to Deputy Police Chief Goclon and Police Officer Teddy Levin. Proclamation - National Family Week — October 29 — November 5th Mayor Vandergrift read and presented the National Family Week proclamation to Ocoee Resident Victoria Laney and Brent Sauser of the Ocoee Ward of the Church of Jesus Christ of Latter -day Saints. Victory Laney briefly explained the activities being hosted throughout the area in honor of National Family Week. D. COMMENTS FROM CITIZENS/PUBLIC None City Commission Regular October 4, 2011 E. STAFF REPORTS AND AGENDA REVIEW City Manager Frank announced the following: 1. The Presidential Primary Election date was declared on Friday and will be set for January 31, 2012. Supervisor of Elections Bill Cowles is requiring that all municipalities that piggy -back off of this election must have their qualifying done on or before November 22, 2011. On this schedule, qualifying will be set for noon Monday November 14 through noon Monday November 21. Mr. Cowles has also requested that those cities with run -off elections stay together and hold their run -offs on March 13 He added that there is an emergency agenda item and emergency ordinance on the dais to be adopted. I! ' F 4 6 1 §101.75 (3) Florida Statutes provides that: Not withstanding any provision of local law or municipal charter, the governing body of a municipality may, by ordinance, move the date of any municipal election to a date concurrent with any statewide or countywide election. The dates for qualifying for the election moved by the passage of such ordinance shall be specifically provided for in the ordinance. The term of office for any elected municipal official shall commence as provided by the relevant municipal charter or ordinance. This Ordinance has to be adopted as an Emergency Ordinance, due to the late announcement of the Presidential Preference Primary date creating a situation where there is not enough time to advertise as required by Charter if adopted as a standard ordinance with two readings. Adoption of the attached ordinance will result in a significant savings to the City of approximately $45,000. Staff recommends the Mayor and Commission adopt the ordinance changing the Ocoee General Election to January 31, 2011, to coincide with the Presidential Preference Primary in order to increase voter turnout and create a significant savings to the City. Mayor Vandergrift declared the item an Emergency. City Attorney Rosenthal read the title of the Emergency Ordinance and stated that this is an emergency ordinance which will be read and adopted this evening. Mayor Vandergrift asked how this will affect the election. City Clerk Eikenberry stated the General Election will be held on January 31, 2012; the candidate qualifying period will be November 14 -21, 2011; and if there is a run -off election the date will be March 13, 2011. Commissioner Wilsen, seconded by Commissioner Keller, moved to approve Emergency Ordinance No. 2011 -018 modifying the City's General Municipal Election date to Coincide with the Presidential Preference Primary date on January 31, 2012 and approving the qualifying and run off dates as set forth in the ordinance. Motion carried 5 -0. The emergency ordinance as adopted carries the following title: ORDINANCE 2011 -018 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA MODIFYING THE CITY'S GENERAL MUNICIPAL ELECTION DATES TO COINCIDE WITH THE PRESIDENTIAL PREFERENCE PRIMARY DATE IN 2012; PROVIDING FOR A QUALIFYING PERIOD AND SCHEDULE FOR RUN -OFF ELECTION TO BE APPLIED IN CONJUNCTION WITH SAID ELECTION; DESIGNATING THE ORANGE COUNTY CANVASSING BOARD AS THE CITY CANVASSING BOARD FOR THE GENERAL MUNICIPAL ELECTION; FINDING THE EXISTENCE OF AN EMERGENCY; AND PROVIDING FOR CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE Page 2 City Commission Regular October 4, 2011 STAFF REPORTS AND AGENDA REVIEW CONTINUED 2. Lexington Park Development and Easement Agreement (for Item #6) was placed on the dais; it will be explained later under that item. 3. Walk to School Day — Wednesday October 05, 2011, from 7:00a.m. - 8:00a.m. The City of Ocoee Police Department will be at Spring Lake Elementary and Citrus Elementary promoting walking to school and riding a bicycle to school. The police department will be thanking the students for walking and bicycling to school and passing out free bicycle helmets and other items. 4. Handgun Safety Class - Saturday October 08, 2011, from 8:00 a.m. - 1:OOp.m. Free handgun safety class taught by Ocoee Police Officers. Topics include terminology, safety, loading and unloading, shooting basics, laws, use of force, concealed weapon permits and proficiency. The class is held at the Ocoee Police Department. If interested please contact Officer Teddy Levin at 407 - 905 -3160 ext. 3024 or at tlevin(aci.ocoee.fl.us. 5. National Safety Event at Sears in the West Oaks Mall — Saturday October 08, 2011, from 12:OOp.m. till 3:OOp.m. The police department will be fingerprinting children and passing out child identification kits. 6. Fall Festival at the Jim Beech Center — Saturday October 15, 2011, from 11:30a.m. to 5:OOp.m. The City of Ocoee Police Department will be fingerprinting children and passing out child identification kits. 7. Trunk or Treat Event, at the Children Safety Village (910 Fairvilla Road, Orlando FL) — Saturday October 22, 2011, from 1:OOp.m. till 4:OOp.m. This is a free community event sponsored by the Children Safety Village. Families from all over are invited to attend. It's a safe alternative to traditional Halloween trick or treating. The police department's PC Cruiser will also be attending the event and interacting with the children. 8. The Parks and Recreation Department's first Food Truck Friday event was held this past Friday at Bill Breeze Park, with approximately 800 residents and visitors enjoying a variety of gourmet food from Central Florida food trucks. The next event is scheduled for Friday, October 28th which will feature live entertainment, so mark your calendars and plan to attend. 9. The Parks and Recreation Department wishes to invite everyone to attend this year's 4th Annual Haunted House event on October 27th, 28th and 29th, located at 951 Ocoee - Apopka Road. There will be games, bounce houses, hay rides, a haunted walk and other fun activities for the entire family. Cost is $2.00 to enter the house or $1.00 with a non - perishable food item, which will be donated to the West Orange Christian Service Center, and $1.00 for the haunted walk. For more information, please contact the Parks and Recreation Department. Page 3 City Commission Regular October 4, 2011 F. COMMISSIONERS ANNOUNCEMENTS Commissioner Keller - None Commissioner Johnson- apologized for missing the CRA meeting due to attending the viewing for former Commissioner Vard Hager who passed away this week. He also asked that everyone please keep his family in their prayers and briefly shared some memories that he had of Mr. Hager. Mayor Vandergrift shared the eulogy information that was published in the paper. Commissioner Wilsen - None Commissioner Hood - None Mayor Vandergrift — Encouraged everyone to go out and walk to school tomorrow in support of National Walk to School Day. G. CONSENT AGENDA Commissioner Wilsen, seconded by Commissioner Keller, moved to approve the Consent Agenda Items #1 through #3 with the correction made to minutes under Item K. Motion carried 5 -0. t E @ t'53,7 � � � �� 11'11,1 1 i ! • PR i t 7 $ r ;y am , 1. ) ^ :c; Approved on Consent. Motion carried 5 -0. Members of the Human Relations Diversity Board serve two -year terms. Currently, the Human Relations Diversity Board has seven (7) members. The board's resolution allows no less than seven (7) members and no more than fifteen (15) members. One application was received from Ms. Barbara -Anne Boudokhave expressing an interest in serving on the board. Approved on Consent. Motion carried 5 -0. The City of Ocoee entered into an Interlocal Agreement for Fire Dispatch Services with Orange County in April 2004. Since then the original four fiscal -year agreement has been renewed three times. These renewals were done in the form of two one -year agreements and one two -year agreement. The Ocoee Fire Department continues to receive superior dispatch services from Orange County and would like to continue the same by entering into the proposed three -year Interlocal Agreement. Approved on Consent. Motion carried 5 -0. Page 4 City Commission Regular October 4, 2011 H. FIRST READING OF ORDINANCES i 0 a 1 �=` t ' Al ; 4 4 - p 3 Fyn , X b . (Ma @' The subject property is located on the west side of 1 Street, south of Silver Star Road. The proposed Annexation and Rezoning is for the +/- 0.60 acre parcel of land known as the Donahue Property located at 120 l st Street. a. Annexation Ordinance b. Rezoning Ordinance Mayor Vandergrift announced the Second Reading and Public Hearing is scheduled for October 18, 2011, Regular Commission Meeting at 7:15 p.m. or soon thereafter. City Attorney Rosenthal read the title of the Annexation Ordinance and Rezoning Ordinance. I. PUBLIC HEARING - FIRST READING OF ORDINANCE 14 l f .; 1,44 : t: , , s s s as ® s d a s p a r �s a ,,, ;. c ) f s r t : sass 1.1 Wit t s ss 1 kV a ')*"q*Iilktittl, Staff is requesting approval of an Ordinance providing for amendments to the Land Development Code relative to Table 5 -1 of Article V of Chapter 180, making Pawn Shops prohibited in the C -2 zoning district, and prohibiting Automobile Service Stations and Automobile Repair in the C -2 zoning district. Mayor Vandergrift announced Second Reading and Final Public Hearing is scheduled for October 18, 2011, Regular Commission Meeting at 7:15 p.m. or soon thereafter. City Attorney Rosenthal read the title of the Ordinance. Mayor Vandergrift opened the Public Hearing. City Planner Rumer briefly explained this is a staff initiated change to the City's Land Development Code (LDC). The change would remove Pawn Shops as a permitted use in the C -2 but still allow for permitted use in C -3, I -1 and I -2 zoning districts. The change would also make Automobile Repair and Automobile Service Stations, which are currently permitted with a Special Exception, as permitted uses in the C -3, I -1 and I -2 zoning classifications. Mayor Vandergrift closed the Public Hearing. J. PUBLIC HEARING Ofd .aa t es sus s ss s s E f a The subject property is located on the southwest corner of Hackney Prairie Road and Clarke Road and is approximately 21.13 acres in size of which approximately 6.39 acres are designated as wetlands. The Lexington Park at Ocoee is proposed to be an Assisted Living Facility that includes a Memory Care component. The total project is proposed to be developed in two phases. Phase 1 will consist of a single -story 54,000 square feet Assisted Living (Memory Care) Facility and Phase II will consist of a future multi -story Assisted Living Facility. This Preliminary/Final Site Plan will only be for Phase I of the development. Accordingly, Phase II will require a Preliminary/Final Site Plan in order to be approved at a future date. a. Preliminary/Final Site Plan b. Development Agreement - Forthcoming (not a public hearing) Page 5 City Commission Regular October 4, 2011 Principal Planner Fabre briefly summarized that the subject property is located on the southwest corner of Hackney Prairie Road and Clarke Road. The Future Land Use designation for the subject site is "Medium Density Residential" which allows up to 8 dwelling units per acre and "Conservation/Floodplains" along Lake Meadow. Furthermore, the requested "Assisted Living Facility" use is consistent with the Future Land Use designation. On February 16, 2010, the City Commission reviewed and approved a Substantial Amendment to the Land Use Plan for Tract "G" (subject property) of Prairie Lake PUD. The amendment consisted of allowing Assisted Congregated Living Facility (ACLF), Nursing Home, Two - Family Dwelling and Single - Family Dwelling as permitted uses. The Lexington Park at Ocoee is proposed to be an Assisted Living Facility that includes a Memory Care component. The total project is proposed to be developed in two phases. Phase 1 will consist of a single -story 54,000 square feet Assisted Living (Memory Care) Facility and Phase II will consist of a future multi -story Assisted Living Facility. This Preliminary /Final Site Plan will only be for Phase I of the development. Accordingly, Phase II will require a Preliminary /Final Site Plan in order to be approved at a future date. He further explained access points, easements, and recreational trails that were all incorporated into the development plan. Justin Kovacsik, Representative for the developer, said he is available for any questions the commission may have. Mayor Vandergrift opened the public hearing. As no one wished to speak the public hearing was closed. Commissioner Keller, seconded by Commissioner Wilsen, moved to approve the Preliminary /Final Site Plan for Lexington Park at Ocoee subject to the execution of the development and easement agreement in a form and content acceptable to the City Planner and City Attorney; and to the provision of a title report acceptable to the City Attorney. Motion carried 5 -0. City Attorney Rosenthal explained that the development and easement agreement has been provided on the dais in front of them. He explained that this agreement will essentially implement a number of easements showing in the final phase 1 plan. The agreement will also address some certain transportation improvements which will be made in connection with phase 2 of the project with an outside date of 5 years from the date of approval of the agreement. Also provides for the dedication and conveyance of the upland buffer and wetlands to the City. Mayor Vandergrift inquired from Mr. Kovesek if he was in agreement with this. Mr. Kovesek stated their attorney was reviewing it now and they will respond. Commissioner Keller, seconded by Commissioner Hood, moved to approve the Development Agreement for Lexington Park at Ocoee with the same conditions of the prior motion for the Preliminary /Final Site Plan. Motion carried 5 -0. K. REGULAR AGENDA Page 6 City Commission Regular October 4, 2011 m e � :� s � a �� �, r�d � taq � � � e t 1 B 4Y �t� -lit s�i 8 IA The Parks and Recreation Department has completed a review of all fees for parks, facilities, programs, and memberships; and is recommending adjustments to several of the fees. All of the proposed fee adjustments have been identified in Schedule "A ". Furthermore the Parks and Recreation Advisory Board reviewed the proposed fee schedule and recommended the proposed fee schedule to the City Commission for consideration. City Attorney Rosenthal read the title of the Resolution. Parks and Recreation Director Hayes explained the proposed fee structure stating they are making minor changes to fees for the use of the City's parks and recreational facilities, and for participation in recreation programs, classes, activities and events, for memberships, and for the use of the swimming pool. Commissioner Wilsen announced a concern with the Haunted House admission due to a publication that was advertised by Community Relations Manager Wright which stated the cost for the Haunted House would be $1.00 admission. The approval of this resolution will increase the rate to $2.00 which is contradicting with what was published. City Manager Frank said they could look into it and if there is a contradiction then they can allow the commission to decide if they would like to honor it this one time. Commissioner Wilsen, seconded by Commissioner Keller, moved to approve Resolution No. 2011 -011 providing a fee structure for Ocoee Parks and Recreation for participation in recreation programs, classes, activities and events, rental of city facilities, memberships, and usage fees; and keeping the haunted house fee at $1.00, for this year only, if there is a current magazine advertisement that conflicts with the $2.00 admission price. Motion carried 5 -0. The resolution as adopted carries the following title: RESOLUTION NO. 2011-011 A RESOLUTION OF THE CITY OF OCOEE, FLORIDA AMENDING AND REPLACING RESOLUTION NO. 2010 -014; PROVIDING A FEE STRUCTURE FOR THE OCOEE PARKS AND RECREATION DEPARTMENT FOR PARTICIPATION IN RECREATION PROGRAMS, CLASSES, ACTIVITIES AND EVENTS, RENTAL OF CITY FACILITIES, MEMBERSHIPS, AND USAGE FEES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. L. STAFF ACTION ITEMS None Page 7 City Commission Regular October 4, 2011 M. COMMENTS FROM COMMISSIONERS Commissioner Keller — None Commissioner Johnson- None Commissioner Wilsen - 1) announced the Woman's Club of Ocoee has a Brunch, Basket and Beauty event this Saturday from 10:00 am — 2:00 pm. Tickets are $20.00 .2) announced they are still accepting applications for the Marketplace for Founders' day. Interested parties should contact City Hall or go on the Founders' Day website for further information. Commissioner Hood - None Mayor Vandergrift - 1) announced the Ocoee High School is playing Apopka this Friday and they need your support! ADJOURNMENT The meeting was adjourned at 7:53 p.m. APPROVED: Attest: City of Ocoee Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor Page 8